Mabry going back to prison

After two trials and months of legal wrangling, a man convicted twice of attempted murder will be sent back to prison for the same number of years as his first sentence.

SUSAN KAUFMAN

After two trials and months of legal wrangling, a man convicted twice of attempted murder will be sent back to prison for the same number of years as his first sentence.

After denying a motion for a new trial for Jerry Mabry, Ninth Circuit Judge James Stewart listened to sentencing arguments in Knox County Circuit Court on Wednesday. Mabry told the court he was remorseful for the 2004 beating and raping of a woman in her home. “I strive to be a pillar of society,” Mabry said.

Stewart was not convinced. Law prevents a judge from imposing a longer sentence in a second trial unless the defendant’s conduct shows cause for a stricter sentence. “It is unfortunate that I don’t have the opportunity to impose a greater sentence because I would do so,” Stewart said.

Stewart cited a pre-sentence evaluation which detailed Mabry’s lengthy criminal history and a sex offender evaluation where Mabry was described as high-risk to offend again, high-risk to the community and in need of intensive psychotherapy.

Stewart’s sentence was identical to Judge Ron Tenold’s sentence from Mabry’s 2004 trial: 12 years in prison for attempted murder; 10 years in prison to be served consecutively for aggravated criminal sexual assault; and 30 months in prison to be served concurrently for unlawful restraint. A conviction of aggravated battery was vacated.

Mabry must serve 85 percent of the sentence but will have credit for 1,803 days served.
Mabry was found guilty of attempted murder, aggravated criminal sexual assault, aggravated battery and unlawful restraint after his second trial on Oct. 27, 2008. He was accused of beating and raping a woman June 13, 2004, in her Mulberry Street home.

During the week long trial, Mabry attempted to convince the jury that he loved the victim and acted in self-defense. The victim was hospitalized for nearly two weeks after the attack, has had several surgeries related to the attack and still suffers head pain.

Mabry was sentenced in 2004 to 22 years in prison after being found guilty of the same charges in his first trial, but was granted a new trial after a judge determined the jury acted improperly during deliberations.

Mabry represented himself during both trials but requested Public Defender Jim Harrell represent him for post-trial motions. Mabry indicated at the end of the proceedings Wednesday he plans to appeal.

skaufman@register-mail.com

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